Simms, TX Personal Injury Law Firms & Lawyers

Yes. Our great politicians and Supreme Court in Texas have passed laws and rules that prevent you from directly suing a person's insurance company for failure to pay a claim. Your only choice is to sue the person directly and if his insurance company doesn't want to pay, then you have to take him to a trial.

In Ohio there is a defined period of time within which you must file a lawsuit to recover for injuries and damages caused due to negligence. If you were a minor under the age of 18 at the time of the accident you had until you turned 20 years old unless the incident involved medical care in which event you had until you turned 19. Not knowing how old you were at the time of your accident, I assume from your description that the incident that occurred 20 years ago would place your claim beyond any statute of limitations unless you were and remain legally incompetent in which even the statute of limitations may be tolled. Sorry but it sounds like you are likely too late to do anything from a legal perspective.

Lawsuits against governmental entities, including schools, are difficult, because governmental units are generally immune from lawsuits, with limited exceptions.  In a case like this, in order to be successful, you would have to prove that the injury 'arose from' the use of a motor vehicle - in this case, the bus.  As you can imagine, there have been many injuries that have occurred in and around school busses, for a number of different reasons.  In a case like this where the bus actually was in operation, the central inquiry is whether the injury occurred as a result of the bus's use or whether it occurred as a result of lack of supervision of the driver.  From the facts you presented, it appears the injury occurred due to   the bus driver's lack of supervision of the students, rather than an improper of negligent driving of the bus.  I do not think that you will be able to hold the school distyrict liable for this injury.  You would however, have a claim against the child that threw the lock.